[HISTORY: Adopted by the Board of Supervisors of the Township
of Weisenberg 5-22-1970 by Ord.
No. 2-70. Amendments noted where applicable.]
This chapter shall be known as the "Junk Dealer, Junk, Salvage
and Scrapyard Ordinance."
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated.
The Board of Supervisors of Weisenberg Township.
Any and all used articles, regardless of value, including
but not limited to metal, motor vehicles not bearing a current Pennsylvania
inspection sticker and not fit for immediate use upon highways, roads,
streets, and alleys of this commonwealth, or any parts thereof, glass,
industrial waste, used building materials, including used plumbing
supplies and fixtures, rags, bottles, paper and all other materials
and articles of any composition whatsoever, not intended to be repaired
for reuse. All farm equipment, regardless of its condition, if situated
upon a working farm shall be specifically excluded from being classified
as junk. Refuse or garbage kept in a proper container for the purpose
of prompt disposal shall be excluded from being classified as junk.
[Amended 6-5-1975 by Ord.
No. 75-4]
Any person, as hereinafter defined, who shall engage in the
business of selling, buying, salvaging, and dealing in junk, or who
maintains and operates a junkyard within the Township of Weisenberg.
[Amended 6-5-1975 by Ord.
No. 75-4]
Any place where any junk, as herein defined, is stored, disposed
of, or accumulated. Any premises having two or more motor vehicles
not bearing a current Pennsylvania State inspection sticker and not
fit for immediate use upon the highways, roads, streets, and alleys
of this commonwealth shall be deemed a junkyard, and said term shall
also include garbage dumps and sanitary fills.
[Amended 6-5-1975 by Ord.
No. 75-4]
The permit granted to a person who accumulates, stores or
disposes of junk as hereinbefore defined.
Includes any partnership, association, firm and corporation.
Weisenberg Township, Lehigh County, Pennsylvania.
From and after the effective date of this chapter, it shall
be unlawful for any person, persons, firm or corporation to engage
or continue to engage in business as a junk dealer or to establish
or maintain or continue to operate or maintain a junk, salvage and
scrapyard within the limits of the Township, except as provided in
this chapter.
All persons, firms or corporations presently engaged or intending
to engage in business as a junk dealer, or operating or maintaining
or intending to establish or maintain a junk, salvage and scrapyard
within the limits of the Township of Weisenberg, shall obtain a permit
from the Secretary of the Weisenberg Township Board of Supervisors,
which permit shall be granted for a period of one year, except all
permits shall expire on December 31st of the year in which they are
granted. No permit issued by the Weisenberg Township Board of Supervisors
shall be transferable by the licensee to any other person unless such
transfer is authorized by the Board of Supervisors, subject, however,
to full compliance with this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fees for issuance and renewal of a permit shall be as set
from time to time by resolution of the Board of Supervisor. The aforesaid
fees shall be used to process applications for permits and to defray
the expense of inspection necessary to insure compliance with this
chapter.
The Board of Supervisors of the Township of Weisenberg shall
have the power to revoke or refuse to allow the renewal of a permit
for noncompliance with the provisions of this chapter. The Board of
Supervisors shall also have the power to refuse issuance of a permit
after taking into consideration the suitability of the proposed property,
the character of the properties located nearby, and the effect the
proposed use would have upon the Township, both economic and aesthetic.
Upon receipt of the application for a permit to establish a business
as a junk dealer, the application shall be reviewed by the Planning
Commission and the Planning Commission shall make recommendations
to the Board of Supervisors regarding the manner of appropriately
landscaping, so as to eliminate any nuisance or unattractive appearance.
An application for a permit shall be accompanied by a plan and such
other descriptive material sufficient to clearly portray the intentions
of the applicant. The plan shall indicate the boundaries of the premises
on which the business is to be located.
From and after the effective date of this chapter, no junk,
salvage and scrapyard shall be established closer to any street or
side property line than 100 feet and, when so established, shall be
appropriately landscaped in the manner prescribed by the Township
of Weisenberg Planning Commission, approval of which shall be attached
to the application for license filed with the Board of Township Supervisors.
No junk, salvage and scrapyard in existence on the effective date of this chapter shall expand or extend its business beyond the boundaries presently occupied by the junk, scrap, automobiles or other materials presently on the premises, unless the owner shall have complied with § 303-7 hereof. A junk, salvage and scrapyard in existence on the effective date of this chapter shall be required to obtain a permit for continued existence.
Every junk dealer licensed under this chapter shall constantly
maintain the licensed premises in accordance with any special provisions
imposed by the Weisenberg Township Board of Supervisors and in a manner
prescribed by this section and any subsequent regulations by the Board
of Supervisors.
A.
Such premises shall at all times be maintained so as not to constitute
a nuisance or a menace to the health of the community or of residents
nearby or a place for the breeding of rodents or vermin.
B.
No garbage or other organic waste shall be stored in such premises.
C.
Whenever any motor vehicle shall be received in such premises as
junk, all gasoline shall be drained and removed therefrom.
D.
The manner of storage and arrangement of junk and the drainage facilities
of the premises shall be such as to prevent the accumulation of stagnant
water upon the premises and to facilitate access for firefighting
purposes.
E.
All junk kept, stored, or arranged on the licensed premises shall at all times be kept, stored and arranged within the junkyard as described in the application for license hereunder and as limited under Subsection D above.
F.
All rags, bottles, paper, etc., must be kept within the walls of
a building constructed of fire-resistive materials.
G.
There shall be established and maintained in all junk, salvage and
scrapyards parallel aisles or roadways of not less than 10 feet in
width and not more than 50 feet apart and intersection vertical aisles
or roadways of not less than 10 feet in width and not more than 50
feet apart. All aisles or roadways must be kept clean at all times.
H.
A licensee under this chapter shall not burn more than one motor
vehicle or its equivalent at one time. No oil, grease, tires, gasoline
or similar materials that might be dangerous or tend to produce obnoxious
smoke or odors shall be burned within a junk, salvage and scrapyard
at any time. Burning shall be attended and controlled at all times.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, persons, firm or corporation who violates or permits
a violation of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township before
a Magisterial District Judge, pay a fine of not more than $600, plus
all court costs, including reasonable attorneys' fees, incurred by
the Township in the enforcement of this chapter. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
The provisions of this chapter are severable. If any sentence,
clause, section or provision hereof shall be held to be unconstitutional,
it is hereby declared to be the intent of the Board of Supervisors
that the remaining portions thereof would have been enacted notwithstanding
such judicial determination of the invalidity of any particular sentence,
clause, section or provision in any respect and such unconstitutionality
shall not affect or impair any of the remaining sentences, clauses,
sections or provisions of this chapter.
